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2025 DAILYLAW 7953 (RAJ)

TRIBHUVAN SINGH SON OF SHRI RAMSAGAR v. STATE OF RAJASTHAN

SOSA/392/2025 · 2025-04-01

Inderjeet Singh, Mukesh Rajpurohit

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:14549-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Suspension Of Sentence Application No. 392/2025 In D.B. Criminal Appeal No.86/2025 Tribhuvan Singh Son Of Shri Ramsagar, Aged About 45 Years, Resident Of Mahnipur Police Station Ghatampur District Kanpur Uttar Pradesh At Present 11-B, Dundhod Colony, Hwa Sadak, Nandpuri, P/s Sodala District Jaipur Rajasthan (At Present Ac- cused / Petitioner Confined Is Sub Jail Bandikui District Dausa) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Anil Kumar Tailor with Mr. Manish Yadav For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Vivek Sharma, Addl.G.A. Mr. Aman Kumar HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Order 01/04/2025 1. This suspension of sentence application has been filed by the accused-applicant along with the appeal. 2. Learned counsel for the petitioner submits that the accused- applicant has been falsely implicated in this matter and at present, he is in judicial custody and during trial, he was on bail. He further submits that the sentence of life imprisonment has been awarded to the accused-applicant for the offence under Section 302 of IPC. He further submits that the hearing of appeal may take long time and prayed that sentence awarded to the accused-applicant may [2025:RJ-JP:14549-DB] (2 of 2) [SOSA-392/2025] be suspended and he be released on bail during the pendency of the appeal. 3. Learned Government Advocate-cum-Additional Advocate General has opposed the application for suspension of sentence and submits that according to statement of complainant PW-6 Bhaskar Dagar, who is brother of deceased recorded during trial stated that his sister was last seen with the applicant who is husband of deceased and after committing murder by using maruti van, he has taken dead body away from the place of alleged incident. He further submits that during investigation, the police has collected CCTV footage of the toll i.e. Ex.P-35 to Ex.P- 38, in which, the vehicle is shown which was used for committing murder. 5. We have heard learned counsel for the parties and perused the record. 6. Considering the submissions put-forth by learned counsel for the parties and taking into account the facts and circumstances of the present case as well as looking to the seriousness of the offence(s) alleged against the accused-applicant and also considering the statement of PW-6 as well as Investigating Officer PW-22 and also considering CCTV footage of the toll i.e. Ex.P-35 to Ex.P-38, in our considered view, no case is made out to allow the application for suspension of sentence. 7. Hence, the present application for suspension of sentence stands dismissed. (MUKESH RAJPUROHIT),J (INDERJEET SINGH),J Upendra Pratap Singh /21